It is interesting to note that workers compensation benefits programs started in the state of Maryland in 1902 during the first term of Senator David J Lewis. The first law regarding workers compensation benefits was enacted by Maryland's Legislature in the year 1901 under his sponsorship. Twelve years later the creation of the Maryland State Accident Fund, now known .as the Injured Workers' Insurance Fund shows the evolution of a plan to guarantee payment of medical expenses and recompense for lost wages for Maryland's workers. By the early 1940s, the Injured Workers Insurance Fund became a separate State agency independent of the Workers Compensation Commission. The insurance coverage by employers for the assistance of Maryland workers continues today with thousands of businesses taking advantage of the strength of Maryland's economy to provide benefits to workers.
Workers compensation insurance is a statutorily mandated program of insurance in which all Maryland employers with at least one employee must provide for the sake of the employees. Waiver of the provisions of the law is not possible for workers or employers.
To be eligible for benefits under the provisions of the workers compensation statutes, the employee must be covered by the employers insurance and must have had the personal injury causing accident during the course of the performance of job duties. If the injury is a covered or compensable injury, the the employer or the insurance carrier of the employer has the responsibility to provide medical and surgical treatment and income replacement at a set level dependent upon the severity and nature of the injury until the employee is able to return to active employment or until the improvement in the condition has reached its maximum as determined by the health care providers.
The entire cost of the workers compensation insurance premiums is borne by the employer. The employee by law cannot be required to support the cost of the insurance premiums. If the injured worker's claim is deemed to be compensable, the medical bills and the weekly salary replacement are paid directly to the worker by the employer or the insurance carrier--not by the Workers Compensation Commission.
There are certain requirements both for the employer and for the worker before and after an incident involving injuries. The employer by law is required to prominently contact information regarding the workers compensation coverage and specific responsibilities for each stakeholder. The injured worker has the responsibility of completing a claim form whenever an injury accident has occurred while the employee is on the job. These completed claims are to be submitted to the employer and to the Workers Compensation Commission as soon as possible after the accident.
The employer is responsible for payment of medical treatment for covered workers compensation employees. This includes prescriptions, physical therapy, hospital bills and doctor bills as well as incidental expenses related to the injury up the state established limits. In addition, income replacement benefits are available to the employee who has been injured if more than three work days are missed. If the injury is severe enough to keep the worker from performing duties for more than 14 days, the first three days are paid retroactively. Income replacement benefits amount to two third of the average weekly wage of the employee up to the amount of the average weekly wage for all state workers.
When a claim is filed, the employer has a limited amount of time during which to object to the claim. If this should occur, the employer will probably request a hearing before the workers compensation commissioner.
Income replacement benefits continue for as long as the employee is unable to return to work or indefinitely in the case of permanent and total disability.
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